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What Benefits Does Colorado FAMLI Provide?

Colorado Paid Family & Medical Leave Insurance (FAMLI) is Colorado’s version of a state-mandated Paid Family & Medical Leave (PFML) program and provides eligible employees with job-protected, partially paid time off for certain qualifying reasons – regardless of whether coverage is through the State Plan or an approved Private Plan.

The Family Leave component of this required benefit can be used to care for someone, such as bonding with a new child, caring for a seriously ill family member, or preparing for a family member’s military deployment. This also includes Safe Leave to attend to their needs if they or a family member are a victim of domestic violence, sexual assault or abuse, or stalking. The Medical Leave portion is for an employee’s own serious health condition; this includes pregnancy complications or childbirth complications, in which case an additional 4 weeks may apply.

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What FAMLI can be Used for

How Much is the CO FAMLI Benefit Amount?

Benefits are calculated using the employee’s average weekly wage as described here:

  • 90% of the employee’s average weekly wage that is less than or equal to 50% of the CO state average weekly wage (SAWW); and
  • Plus 50% of the employee’s average weekly wage that is greater than 50% of the CO SAWW, up to the maximum weekly benefit.

The maximum weekly benefit is capped at 90% of the CO SAWW. See the current maximum benefit and CO SAWW here.

 

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How Much Paid Time-off Does FAMLI Provide?

Bonding icon

Bonding Leave

Up to12  WEEKS

Caring icon

Caregiving Leave

Up to12  WEEKS

including safe leave for a family member

Military Exigency icon

Military Exigency Leave

Up to12  WEEKS

Self -Care icon

Self-Care

Up to12 WEEKS

Plus an additional 4 weeks of leave available to employees with a serious health condition related to pregnancy or childbirth complications for a combined total max of 16 weeks within a benefit year.

 

CO FAMLI (Family & Medical Leave Insurance) Benefits FAQs

Who is a covered “family member?”

  • Child – regardless of age, any biological, adopted, foster, stepchild, child of a domestic partner, legal ward (incl. child whom the employee either currently stands to in loco parentis or did when the child was a minor).
  • Parent biological, adoptive or foster parent, stepparent, the domestic partner of the employee’s parent, legal guardian (incl. other person who stood in loco parentis to the employee when the employee was a minor child).
  • Spouse - includes the employee’s domestic partner
  • Grandparent
  • Grandchild
  • Sibling - (whether from a biological, foster, adoptive, or step relationship) of the employee or of the employee’s spouse or domestic partner
  • Other - other individual with whom the employee has a significant personal and family-like bond, regardless of a biological or legal relationship

Is there a waiting period to receive CO FAMLI benefits?

No, there is no waiting period. If eligible, the employee may receive benefits from the first day of leave.

What is considered a “serious health condition”?

A "serious health condition" is an illness, injury, impairment, or physical or mental condition involving inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider. This includes complications due to pregnancy-related conditions and recovery from childbirth as well as medical treatment/mental health counseling as the result of domestic violence and sexual assault.

What does “safe leave” include?

"Safe Leave" means any leave taken because the employee themselves or the employee's family member is the victim of domestic violence, sexual assault/abuse, or stalking. This type of leave can be taken to care for / assist the person in need or to make time for supportive actions:
  • Seek a civil protection order to prevent domestic violence
  • Obtain medical care or mental health counseling to address related physical or psychological injuries
  • Make the current home secure from the perpetrator, or seek new housing to escape the perpetrator;
  • Seek legal assistance to address issues, prepare for and attend court-related proceedings.

Is job protection part of FAMLI benefits?

Yes! Once a covered employee has been at their current employer for 180 days, FAMLI benefits include job protection. The law also includes protection against retaliation.

Are FAMLI benefit payments taxable?

While famli.colorado.gov states that FAMLI benefits are not subject to state income tax, we highly suggest consulting with an appropriate professional for tax, legal, and compliance advice. Additionally, it still requires further guidance whether FAMLI benefits will be subject to federal income tax.

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*The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company, a NY-domiciled carrier (principal office in Garden City, NY), and its wholly owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. ShelterPoint is a registered service mark.

This material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any program information is based on our knowledge and understanding of CO’s applicable laws and regulations as of the publication date and may change as regulations evolve or CO issues updated guidance. Further, this material is for illustrative purposes only, providing a general overview of the services described. It is not a contract nor intended as an offer of coverage.

Policies are subject to Underwriting approval. Policies are reviewed annually and may be cancelled for nonpayment. All coverage extends to limits reflected in the policy. Please refer to the policy for coverage details pursuant to its governing law, including a complete listing of covered services, provisions, conditions, exclusions, limitations, and terms under which the policy may be continued or cancelled. In the event of conflicting information with the policy and its governing Law, the policy and governing Law will take precedence over what is shown in this material. Claim payment is not guaranteed; benefit amount depends on wages.

The Colorado Paid Family and Medical Leave Insurance Act § 8-13.3-501 et seq., C.R.S and its implementing regulations including 7 CCR 1107-1, et seq. govern this Private Plan and its interpretation and administration. Available in CO only.

Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: CO (form# SPL PFMLP 0123 CO).


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All policies are underwritten and administered by either ShelterPoint Life Insurance Company (principal office in Garden City, NY), or ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. Contact Underwriting for details.
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